C. Dennis Loomis

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“Trump Too Small” is Too Personal for Trademark Registration

By C. Dennis Loomis on July 13, 2020 Posted in Trademark

The Trademark Trial and Appeal Board (TTAB) – for the second time in the past six months – has decided that a proposed mark incorporating the name “Trump” may not be federally registered as a trademark. Relying on the Lanham Act prohibition against registration of any mark that identifies “a particular living individual” without that … Continue Reading

Color Me Protectable: A Color Mark on Packaging May Be Inherently Distinctive

By C. Dennis Loomis on April 14, 2020 Posted in Trademark

On April 8, 2020, the U.S. Court of Appeals for the Federal Circuit issued a precedent-setting opinion adding further clarity to the evolving body of law on a vexing question: Under what circumstances can a producer obtain U.S. trademark registration for a mark consisting solely of color? The specific issue presented in the matter of … Continue Reading

Trademark Fraud Sparks Rare Bipartisan Action

By C. Dennis Loomis on March 17, 2020 Posted in Trademark

In a political environment in which even a global virus pandemic cannot seem to foster bipartisan legislative cooperation, the growing surge in fraudulent trademark applications – many of which are maturing into issued trademark registrations – has done just that. On March 11, 2020, House Judiciary Chairman Jerrold Nadler, D-N.Y., and Ranking Judiciary Member Doug … Continue Reading

Kanye West Denied Trademark Registration for ‘SUNDAY SERVICE’ Mark

By C. Dennis Loomis on October 23, 2019 Posted in Trademark

Global rap icon Kanye West is one of the most visible and controversial personalities on the contemporary scene. He has long been recognized as one of the best rap creators and performers of his generation. More recently, his prominence has transcended the world of music with his highly publicized embrace of President Donald Trump, making … Continue Reading

Mission Products v. Tempnology: The Supreme Court Speaks

By C. Dennis Loomis on May 24, 2019 Posted in Trademark

In February, following oral argument before the U.S. Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC,[1] we wrote about the hugely important trademark law issue presented by this case, namely: If a bankrupt trademark licensor “rejects” an executory trademark license agreement, does that bankruptcy action terminate the licensee’s right to continue using the … Continue Reading

Mission Products v. Tempnology: Is Bankruptcy the End for Trademark Licenses?

By C. Dennis Loomis on February 26, 2019 Posted in Trademark

Oral argument before the Supreme Court was held on February 20 in the much-watched and even more intensely discussed trademark dispute Mission Product Holdings, Inc. v. Tempnology, LLC.[i] The case presents the difficult and multifaceted question: Does bankruptcy law insulate the right of a trademark licensee to continue using the licensed mark despite the bankrupt … Continue Reading

Kirtsaeng v. John Wiley & Sons: Copyright Litigation Risks

By C. Dennis Loomis on April 1, 2017 Posted in Copyright

The Supreme Court on Thursday issued a unanimous ruling clarifying the test for awarding attorneys’ fees to successful copyright litigants. The decision, in Kirtsaeng v. John Wiley & Sons, Inc., is sure to have lasting impact on how both plaintiffs and defendants weigh the risk of litigating a copyright case to completion. BACKGROUND The underlying … Continue Reading

Supreme Court Clarifies Test for Fee-Shifting in Copyright Cases

By C. Dennis Loomis and Kevin Bovard on June 20, 2016 Posted in Copyright

The Supreme Court on June 16 issued a unanimous ruling clarifying the test for awarding attorneys’ fees to successful copyright litigants. The decision, in Kirtsaeng v. John Wiley & Sons, Inc., is sure to have lasting impact on how both plaintiffs and defendants weigh the risk of litigating a copyright case to completion. BACKGROUND The … Continue Reading

Supreme Court Clarifies Test for Fee-Shifting in Copyright Cases

By Kevin Bovard and C. Dennis Loomis on June 20, 2016 Posted in Copyright

California Court Rules No Copyright Protection for “Happy Birthday to You”

By C. Dennis Loomis on September 24, 2015 Posted in Uncategorized

This week, in Rupa Marya, et al. v. Warner/Chappel Music, Inc., et al., No. CV 13-4460-GHK (C.D. Cal. Sept. 22, 2015), U.S. District Judge George H. King ruled that defendant Warner/Chappel Music has no enforceable copyright for the ubiquitous song “Happy Birthday to You.” The ruling resolves cross motions for summary judgment filed in November … Continue Reading